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R (on application of Bapio Action Ltd) v Home Office - DoH guidance to NHS re doctors from abroad was unlawful - [2007] EWCA Civ 1139 on 9.11.07

This appeal concerned the lawfulness of two government measures. One concerned guidance given by the Department of Health to NHS employers that doctors on the Highly Skilled Migrant Programme (HSMP) whose limited leave to remain was due to expire before the end date of any training post that was on offer should be offered the training post only if the resident market labour criterion was satisfied. The CA ruled that the DoH guidance was unlawful - it was more restrictive than the Immigration Rules which can only be changed by Parliament.

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